A South Dakota law that makes it a crime to possess marijuana in your body is generating legal questions ahead of the opening of a Flandreau marijuana lounge.
State law says a person found to have traces of THC, the ingredient in marijuana that creates the sensation of being high, in his or her body even weeks after ingesting the drug is subject to a Class 1 Misdemeanor. The charge is punishable by one year in jail, a charge of $2,000 or both.
And that could be a problem for non-tribal members interested in using marijuana at the facility, lawmakers said at a committee meeting Monday.
State legislators said heading into legislative session in January, they’d have to consider dealing with the law and other possible jurisdiction issues that could crop up in policing marijuana use around Flandreau.
Sen. Craig Tieszen, R-Rapid City, told the State Tribal Relations Committee that the issue had the potential to become a “minefield” between the state and the Flandreau tribe if not handled properly.
“This is a jurisdictional and enforcement nightmare. It’s a bad situation all the way around,” Tieszen said. “But the fact is we’re going to have to sort it out.” [Read more at the Sioux Falls Argus Leader]